Page 123 - Gulf Precis (III)_Neat

107
(xii) Award of the Hague Tribunal.
613. Tho award was given by the Hague Tribunal on 8th August 1906,
and its official translation is printed
ficcrtt E., October 1S06, No*. 211—821, No. 202.
below:—
PERMANENT COURT OF ARBITRATION AT THE HAGUE.
Atoard of the tribunal of arbitration constituted in virtue of the compromise
signed at London on October 13th, 1901, between Great Britain and France.
The Tribunal of Arbitration constituted in virtue of tho Compromise con­
cluded at London on October 13th, 190*1, between Great Britain and Prance :
Whereas the Government of His Britannic Majesty and that of the French
Republic have thought it right by tho Declaration of March 10, 1862, *<to
engage reciprocally to respect tho independence ” of His Highness the Sultan of
Maskat.
Whereas difficulties as to tho scope of that Declaration have arisen in
relation to the issue, by the French Republic, to certain subjects of His High,
ness tho Sultan of Maskat of papers authorizing them to fly the French flag,
and also as to the nature of the privileges and immunities claimed by subjects
of His Highness who are owners or masters of dhows and in possession of such
papers or are members of the crew of such dhows and their families, especially
aa to tho manner in which such privileges and immunities atfect the juris­
diction of His Highness the Sultan over his said subjects.
Whereas the two Governments have agreed by the Compromise of October
13,1904, that these questions shall be determined by reference to arbitration, in
accordance with the provisions of article 1 of the Convention concluded between
the two Powers on the 14th of October 1903,
Whereas in virtue of that Compromise were named as Arbitrators,
by the Government of His Britannic Majesty :
Mr. Melville W. Fuller, Chief Justice of the United States of America,
and
by the Government of the French Republic :
Jonkbeer A. F. de Savornin Lohman, Doctor of Law, former Minister of
the Interior in the Netherlands, former Professor at the free University at
Amsterdam, Member of the 2nd Chamber oE the States General,
Whereas the two Arbitrators not having agreed within one month from the
date of their appointment in the choice of an Umpire, and that choice having
then been intrusted in virtue of article 1 of the Compromise to the King of
Italy, His Majesty has named Umpire :
Mr. H. Lammasch* Doctor of Law, Professor at the University at Vienna,
Member of the Upper House of the Austrian Parliament,
Whereas the Cases, Counter-Cases and Arguments have been duly com­
municated to the Tribunal and to the Parties,
Whereas the Tribunal has carefully examined these documents, and the
supplementary observations which were delivered to it by the two Parties ;

AS TO THE FIRST QUESTION :
Whereas generally speaking it belongs to every Sovereign to decide to
whom he will accord the right to fly his flag and to prescribe the rules gover­
ning such grants, and whereas therefore the granting of the Fronoh flag to
subjects oE His Highness the Sultan of Maskat in itself constitutes no attack
on the independence of the Sultan,
Whereas nevertheless a Sovereign may be limited by treaties in the exercise
of this right, and whereas the Tribunal is authorized in virtue of article 48 of